Winkler Dispute Resolution

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Everyone loses in cautionary New Brunswick defamation case

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A recent New Brunswick decision is a cautionary tale for all involved in defamation claims, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com.

The case involved a gallery owner who won $3,000 in damages and costs from an artist who badmouthed her online during a dispute over payment.

But Winkler, principal and founder of Winkler Dispute Resolution, says the gallery owner’s victory rang somewhat hollow, considering the small recovery, as well as the time and cost of bringing the action, seeking between $25,000 and $50,000 in general damages alone.

“This decision is a cautionary tale in several respects,” Winkler says. “Not only should people be careful about what they post online, but they must also be careful when deciding what to sue someone over.”

Read the full article  Everyone loses in cautionary New Brunswick defamation case on the AdvocateDaily.com website.

Supreme Court decision not such a dark day for journalists: Winkler

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Free press advocates are overreacting to a Supreme Court of Canada decision that forced a journalist to hand over materials to police, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com.

All nine judges upheld a previous judgment ordering a Vice Media Canada reporter to turn over messages he exchanged with a Canadian citizen allegedly involved with ISIS, prompting a number of commentaries, including by the Canadian Association of Journalists (CAJ) which called it a dark day for journalists in the country.  

“This ruling is a serious setback for press freedom in Canada. It creates a chill for anyone who wants to speak truth to power or expose government wrongdoing,” the CAJ said in a statement to media.

But Winkler, principal and founder of Winkler Dispute Resolution, says the sentiment reflects an “exaggeration” of the ruling’s impact.

Read the full article  Supreme Court decision not such a dark day for journalists: Winkler on the AdvocateDaily.com website.

Howard Winkler’s media roundup

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Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues.

See the complete list below:

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Toronto lawyer and mediator Howard Winkler tells La Presse the Liberal government’s endorsement of a contentious article in the new free trade agreement between the U.S., Mexico and Canada will give immunity to social media companies in Canadian courts even if they knowingly disseminate fake, false and defamatory statements of their members.

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By signing on to the United States-Mexico-Canada Agreement (USMCA), the Liberal government agreed to significantly alter the existing common law of defamation, Toronto lawyer and mediator Howard Winkler writes in Law Times.

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A former member of Parliament’s unsuccessful defamation case against a major B.C. newspaper underscores a recent trend by the courts to balance interests more towards freedom of expression rather than protection of a person’s reputation, Toronto lawyer and mediator Howard Winkler tells The Lawyer’s Daily.

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Toronto lawyer and mediator Howard Winkler tells Global’s 640 Toronto he’s concerned the Prime Minister’s Office (PMO) may have overstepped its authority by requesting Twitter delete what it said was a fake account impersonating Environment Minister Catherine McKenna.

Read the complete Howard Winkler’s media roundup on AdvocateDaily.com.

Failed U.K. privacy breach action would fare better in Canada

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Canadian consumers have a better set of legal tools to hold companies responsible for privacy breaches than their U.K. counterparts, judging by a recent ruling involving an internet search engine, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com.

The CBC recently reported on the refusal of the High Court of England and Wales to certify a class action against the search engine giant over claims the company illegally accessed iPhone users’ internet history data.

Despite describing the company’s actions in bypassing privacy settings on smartphone users’ internet browsers as “wrongful, and a breach of duty” the British judge ruled the action could not proceed because the claimants had failed to prove any damages.

Winkler, principal and founder of Winkler Dispute Resolution, says members of the consumer coalition who brought the action may have had a better chance of success in Canadian courts.

Read the full article on AdvocateDaily.com.

Does PIPEDA protect social media personal data?

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Companies like Facebook and Google — which have come under intense criticism for their handling of personal information — need to enter into a new social contract with their users or risk having one imposed by governments, says Toronto lawyer and mediator Howard Winkler.

“It’s time for a change in the social contract that Google and Facebook have with their users. It shouldn’t necessarily have to be the subject of legislation,” says Winkler, principal and founder of Winkler Dispute Resolution.

“I think that Google, Facebook and others should recognize that there are limits users want to put on the use and sale of their data. They should contemplate what those limits are, and give people an opportunity to opt out of certain uses of their data,” he tells AdvocateDaily.com.

Read the full article on AdvocateDaily.com.